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Clubhouse spat as $1 billion social network labelled a “bully” over app takedowns

The owner of the registered trademark CLUBHOUSE has accused the rapidly-growing social network app Clubhouse – which has garnered fans including Elon Musk – of spuriously seeking the removal of his app from marketplaces.

3 Jul 2020

Trademark strategy is an early focus of the world’s top disruptors

Analysis of this year’s disruptor list reveals that these start-ups defy the typical IP filing process.

1 May 2020

Spotify has proven itself to be an essential service during the lockdown, but mustn’t lose focus

The Swedish music streaming service has been given greater access to users who are practicing social distancing. While this time is critical for building brand intimacy, the company cannot lose focus on long-term innovation.

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27 Jan 2021

Crocs 3D mark revoked after 12 years as infringement claim backfires

This decision of the Swedish Patent and Market Court of Appeal highlights the high threshold for establishing distinctiveness for a shape mark, as well as the importance of supporting evidence. Read more

20 Jan 2021

E-BOKS v EBOX: a trademark setback that e-Boks didn’t sign up for

Following a victory at the Swedish Patent and Market Court, electronic signature provider e-Boks was dealt a blow when the appeal court found that there was no likelihood of confusion between E-BOKS and EBOX. Read more

8 Jan 2021

Sweden

Swedish trademarks are governed by the Trademarks Act (2010:1877), which was updated on 1 January 2019 to implement EU Directive 2015/2436. Read more

20 Nov 2020

Stricter penalties introduced for most serious IP infringement cases

Stricter penalties for the most serious cases of IP infringement have entered into force in Sweden, increasing the range of punishment to imprisonment for a maximum of six years. Read more

Anti-Counterfeiting

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23 Apr 2020

Procedures and strategies for anti-counterfeiting: Sweden

Swedish IP legislation is based largely on European and international regulations and provisions, as well as international treaties on IP rights. Read more

17 Mar 2020

Trademark procedures and strategies: Sweden

Establishment through use of a mark will give the same protection as if the mark is registered; however, the bar is set high for demonstrating establishment through use. Read more

1 Feb 2019

Super Bowl fakes crackdown, Burger King trolls McDonald’s trademark loss, and Monaco joins TMview: news digest

In our latest round-up, we look at how Africa lacks anti-counterfeiting tools, how a growing proportion of companies are affected by infringement, Bulgaria bolstering its digital trademark offering, and much more. Read more

8 Jan 2019

Sweden allows hologram marks, plain packaging design gets thumbs up, and Dyson fakes seized: news digest

In our latest news digest, we look at the US Supreme Court confirming that it will rule on scandalous trademarks, a retailer called Pooey Puitton going up against Louis Vuitton, IP Australia joining TMclass, and much more. Read more

Brand management

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23 Sep 2019

Procedures and strategies for pharmaceutical brands: Sweden

Unlike the EU Intellectual Property Office, the Swedish Patent and Registration Office will examine applications on both absolute and relative grounds. Read more

9 Nov 2018

Sweden to modernise trademark rules, new USPTO deputy director, and Benelux fee changes: news round-up

In our latest round-up, we look at a study showing the scale of illicit alcohol, a Counterfeit Mini ad being lauded, luxury brands' increasing use of sound design in their products, and much more. Read more

11 Sep 2018

More #MeToo trademark applications, USPTO scandalous marks fight, and FIFA thanks Rospatent for World Cup help: news round-up

In our latest round-up, we look at more trademark applications related to the #MeToo movement, the Swedish IP Office warning against fake election posters, a US court having its say on trademark bullying, and much more. Read more

10 Sep 2018

Trademark procedures and strategies: Sweden

Any natural person or legal entity can apply for a mark and representatives do not require a power of attorney before filing. Anything that can be graphically represented is eligible for trademark protection. Read more

Enforcement and Litigation

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1 Oct 2020

Blow for champagne house André Clouet as court finds no trademark infringement

The Swedish Patent and Market Court has found that the labels on the bottles of Alice Bardot and Bônde & Étable champagne did not infringe the registered trademark of champagne house André Clouet. Read more

8 Sep 2020

Battle of the sawmills: court issues decision in LUMBER case

Canadian company Norwood Industries Inc has suffered a double blow in its dispute with Swedish competitor JM:s Plåt & Mek AB over marks containing the prefix ‘lumber’. Read more

23 Jun 2020

Utility company’s mark refused for being confusingly similar to Swedish coat of arms

This case demonstrates the broad protection afforded to state emblems under EU and Swedish law. Read more

11 Feb 2020

TIMBERLAND cuts down TIMBERZ

In a victory for international outdoors clothing company Timberland, the Patent and Market Court has found that there was a likelihood of confusion between the mark TIMBERZ and the earlier mark TIMBERLAND for clothing. Read more

Government/Policy

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19 Dec 2018

An anniversary, a reshuffle and an EU directive: evolution and change in Sweden

Celebrating the 20th anniversary of the relocation of the design and trademark department, the Swedish Patent and Registration Office looks back on a busy year. Read more

Law Firms

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12 Nov 2010

Albihns.Zacco's expulsion from SEPAF highlights merger challenges

Albihns.Zacco AB has been expelled from the Association of Swedish Intellectual Property Law Firms (SEPAF) for breach of the organisation’s ethical rules. The decision highlights some of the issues that can arise from IP firm mergers.

IP Offices

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20 Feb 2018

Sweden considering prison for infringers, EUIPO switches banks and cops brandishing fake firearms: news round-up

In our latest round-up, we look the Qatari government continuing its counterfeit crackdown, a cheese stand-off between the EU and Mexico, and much more. Read more

23 Oct 2012

Patent and Registration Office takes significant step towards simplified practice

As of October 1 2012, the Swedish Patent and Registration Office is applying a new practice concerning the examination of formalities in trademark and industrial design matters. In essence, the new practice simplifies the process for users in matters where the office used to require a signature in original handwriting.

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21 Apr 2020

Proof of targeting necessary under ‘.se’ Policy

In a decision under Paragraph 7 of the ‘.se’ Policy, a WIPO arbitrator has found that it was unclear whether the domain name holder was targeting the petitioner and that the dispute may exceed the scope of the policy. Read more

17 Nov 2010

Online sales of counterfeit goods held to be subject to VAT

The Administrative Court of Appeal has held that a couple who had sold counterfeit goods on Sweden's largest online auction site were liable to pay VAT on all sales. The decision is significant in that it provides a new tool to prevent the trade of counterfeit goods on the internet.

28 Nov 2003

Supreme Court will hear Sony Sweden's I-LINK appeal

The Supreme Court has announced that it will hear an appeal filed by
the Swedish arm of electronics giant Sony against a decision from the Court
of Appeal. The Court of Appeal held that Sony Sweden had infringed the rights
of the owner of the I-LINK mark because its website linked to other sites that
featured the term 'i-link'.

25 Mar 2003

New rules for '.se' domain space in force in April

The Internet Infrastructure Foundation has issued new registration
rules for the '.se' domain space. The rules, which will be implemented next
month, are more relaxed than the previous regime and will allow any natural
or legal person to register almost any name.

Portfolio Management

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18 Feb 2019

Is Sweden aligning itself with EU approach to black-and-white trademarks?

Sweden is one of the few European countries where a black-and-white mark is regarded as covering all colours. However, in a recent case involving two figurative marks, the Patent and Market Court has held that the scope of protection of the earlier mark was limited to its black-and-white representation. Read more

11 Dec 2017

Protecting and enforcing design rights: Sweden

In Sweden, exclusive rights to designs can be established by filing an application for: a Swedish national design registration; a registered Community design; or an international application to register a design through the Hague System, designating the European Community. Read more

24 Nov 2016

Protecting and enforcing design rights: Sweden

The Design Act was amended in 2002 to reflect changes at EU level to harmonise IP laws within the European Union. As a result, Swedish design law is largely consistent with the rules that apply in other EU member states. Cases handed down by the EU courts and legal literature regarding the EU design system are, in many cases, also relevant for the interpretation of the Design Act. Read more

14 Dec 2015

Sweden

Trademark law

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23 Mar 2018

M v M&M'S war finally over – settlement between multinational chocolate manufacturers Kraft/Marabou and Mars reached

The longstanding dispute between Kraft/Marabou and Mars in Sweden over the use of the marks M and M&M’S, respectively, for chocolate-covered candy, has finally been settled.

21 Dec 2017

Litigation procedures and strategies: Sweden

In Sweden, the Trademarks Act 1877/2010 sets out the framework for trademark protection. The legislation is based on the EU Trademark Directive (2008/95/EC), which has direct effect in Sweden. Read more

14 Dec 2017

Swedish Match snuffs out ad for trademark infringement and violation of marketing act

Swedish Match has become the first party to take advantage of the opportunity to file joint proceedings under trademark and unfair competition laws at the new Patent and Market Court.

5 Sep 2017

Sweden’s most expensive trademark dispute

A recent case in the newly inaugurated Patent and Market Court between two large food manufacturers, Orkla and Nestlé, has become the most expensive trademark dispute in Swedish history. In the latest development, the Patent and Market Court found that Nestlé infringed Orkla’s mark due to enhanced reputation of the FELIX brand.

Twitter

07 May 2021

@WTR_Alerts Each quarter WTR will be running a series of pieces presenting recent Legal Updates from different regions. The fin… https://t.co/miYMwVwikX Read more

06 May 2021

@WTR_Alerts The Long Read - Functionality in the European Union and the United States: converging worlds or diverging approache… https://t.co/d6eWmJpTkJ Read more

06 May 2021

@WTR_Alerts RT @gowlingwlg_ca: “Rather than increasing the number of brands, I have seen cannabis companies focus more on their partnerships & the qual… Read more

06 May 2021

@WTR_Alerts RT @SENADI_Ecuador: ENTREVISTA | Les invitamos a leer la entrevista que le realizaron a nuestro Director General @SantiCevallosM en la revi… Read more

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Steve Abreu

Partner

Boston MA, United States

Sunstein LLP

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Sweden

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Anti-Counterfeiting

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